Posted: April 26, 2024
Rules of Juvenile Procedure – Comment Period Closes June 10, 2024
URJP005.Definitions. Amend. Rule 5 is being amended to remove the definition of “adjudication.” Senate Bill 88 of the 2024 Legislative Session amends the definition of “adjudication” as found in Utah Code section 80-1-102. “Adjudication” as defined in statute is also a better fit for the Rules of Juvenile Procedure. As a result of the removal of “adjudication,” the remaining paragraphs are renumbered.
URJP013A.Limited-purpose intervention. New. In response to In re J.T., 2023 UT App 157, Rule 13A guides intervention in the juvenile court.
URJP015.Preliminary inquiry; informal adjustment without petition. Amend. The proposed revision to Rule 15 amends paragraph (f) to refer to statute as the guiding criteria for non-judicial extensions. Additional grammatical and stylistic changes were also made for clarity.
URJP022.Initial appearance and preliminary hearing in cases under Utah Code sections 80-6-503 and 80-6-504. Amend. House Joint Resolution 13 of the 2024 Legislative Session made changes to Rule 7B of the Rules of Criminal Procedure related to hearsay. Paragraph (k) of Rule 22 is amended to mirror those changes. Paragraph (k) is further amended to provide clearer direction regarding the raising of objections at the preliminary hearing. Additional grammatical and stylistic changes were also made for clarity.
URJP031.Initiation of truancy proceedings. Repeal. It is proposed that Rule 31 be repealed based on amendments to statute brought by House Bill 362 of the 2024 Legislative Session. Habitual truancy may be referred to the juvenile court for a non-judicial adjustment, but it may not be petitioned.
Posted: April 25, 2024
Utah Rules of Business and Chancery Court Procedure – Comment Period Closes June 9, 2024
NEW Rules of Business and Chancery Court Procedure – These rules were drafted using the Utah Rules of Civil Procedure as their base line. Thus, the Committee determined that the Rules of Civil Procedure were adequate for the Business and Chancery Court, these rules simply incorporate them by reference rather than repeat the identical language. For example, although these rules include significant modifications to Utah Rule of Civil Procedure 26, necessitating a distinct Rule 26 for the Business and Chancery Court, the Committee concluded that Utah Rule of Civil Procedure 37, including its mechanisms for enforcing the parties’ discovery obligations under Rule 26, could be adopted into these rules without modification and is therefore incorporated by reference. The Rules of Civil Procedure that do not apply in Business and Chancery Court are explicitly excluded by reference in Appendix A.
URBCP001.NEW — General provisions.
URBCP008.NEW — General rules of pleadings.
URBCP010.NEW — Form of pleadings and other papers.
URBCP013.NEW — Counterclaim and crossclaim.
URBCP014.NEW— Third-party practice.
URBCP016.NEW— Pretrial conferences.
URBCP018.NEW— Joinder of claims and remedies.
URBCP019.NEW— Joinder of persons needed for just adjudication.
URBCP020.NEW— Permissive joinder of parties.
URBCP022.NEW — Interpleader.
URBCP024.NEW— Intervention.
URBCP026.NEW — General provisions governing disclosure and discovery.
URBCP038.NEW— Jury trial of right.
URBCP042.NEW — Consolidation and separate trials.
URBCP063.NEW — Disability or disqualification of a judge.
URBCP065A.NEW— Injunctions.
URBCP065B.NEW — Extraordinary relief.
URBCP077.NEW — Business and chancery court; clerks.
URBCP085.NEW— Title.
URBCP086.NEW — Licensed paralegal practitioners.
Appendix A Rules of Civil Procedure excluded from Rules of Business and Chancery Court Procedure
Posted: April 2, 2024
Rules of Juvenile Procedure – Comment Period Closes May 17, 2024
URJP050. Presence at hearings. Amend. The proposed amendments to Rule 50 include: (1) a correction to referenced statute in paragraph (a); (2) replacing “court” and “courtroom” with “hearing” in paragraph (d), allowing the court to exclude a person from a hearing, including a remote hearing; and (3) stylistic and grammatical changes.
Posted: March 11, 2024
Code of Judicial Administration – Comment Period Closed
CJA01-0305. Board of senior judges. Amend. The proposed amendments (1) expand membership on the Board to include senior justice court judges, and (2) revise the term lengths and number of meetings of the Board.
CJA03-0104. Presiding judges. Amend. The proposed amendments remove the requirement to send notice of a senior judge assignment to the State Court Administrator.
CJA03-0108. Judicial assistance. Amend. The proposed amendments (1) add water law cases to the criteria for transferring or assigning senior judges, and (2) clarify and simplify considerations for assigning senior judges.
CJA03-0111. Performance evaluations. Amend. The proposed amendments remove references to senior judges, as the processes for evaluating senior judge performance have been incorporated into Rule 11-201.
CJA03-0113. Senior judges. Amend. The proposed amendments (1) require the AOC to provide a new senior judge orientation, and (2) expand the responsibilities of court executives in providing support for senior judges.
CJA03-0403. Judicial branch education. Amend. The proposed amendments (1) clarify that “annually” refers to the fiscal year, and (2) revise and simplify education requirements for active and inactive senior judges.
CJA03-0501. Insurance benefits upon retirement. Amend. The proposed amendments revise qualifications for incentive benefits.
CJA011-0201. Senior Judges. Amend.
CJA11-0203. Senior Justice Court Judges. Amend.
The proposed amendments to Rules 11-201 and 11-203: (1) clarify and revise qualifications for appointment of senior judges, (2) establish qualifications and process for reappointment of senior judges, (3) establish and revise standards and processes for performance evaluation of senior judges, (4) clarify the role of the Judicial Council in the appointment and reappointment of senior judges, (5) revise the terms of office and authority of senior judges, and (6) include general cleanup for clarity and consistency.
Posted: February 27, 2024
Code of Judicial Administration – Comment Period Closed April 12, 2024
CJA03-0306.02. Language Access Committee (AMEND). Removes the reference to rule Rule 3-306.05.
CJA03-0306.03. Interpreter credentialing (AMEND). Clarifies that the rule does not apply to staff interpreters employed by the court and gives the Language Access Program Manager the discretion to grant a rare language exemption without approval from the Language Access Committee.
CJA03-0306.04. Interpreter appointment, payment, and fees (AMEND). 1) Allows judicial officers to appoint “approved” interpreters in legal proceedings without exhausting the list of “certified” interpreters; 2) prevents court employees not hired as staff interpreters from interpreting legal proceedings; and 3) removes language regarding staff interpreter employee benefits.
CJA03-0306.05. Interpreter removal, discipline, and formal complaints (REPEALED)
Posted: February 26, 2024
Code of Judicial Administration – Comment Period Closed April 11, 2024
CJA06-0304. Grand jury panel (AMEND). The proposed amendments change all grand jury panel member terms to 5 years, with no member serving more than 2 consecutive terms. Retiring members would be allowed to finish out a term as an active senior judge.
Posted: February 15, 2024
Rules of Civil Procedure – Comment Period Closed March 31, 2024
URCP018. Joinder of claims and remedies. AMEND. The proposed amendments reflect the change in the statue using the language “voidable transaction” instead of “fraudulent conveyance.” Other changes were made to the gendered pronouns used in the rule, as well as to simplify the language of the rule.
Posted: February 14, 2024
Rules of Appellate Procedure – Comment Period Closed March 30, 2024
URAP010. Procedures for summary disposition or simplified appeal process. The Committee proposes amending Rule 10 to: (1) add a provision to allow the appellate courts to dismiss an appeal for failure to prosecute if, after 150 days, the reasons the appeal was tolled under Rule 4(b) or Rule 4(c) are not resolved; and (2) clean-up for clarity and consistency.
URAP057. Record on appeal; transmission of record; supplementation of the record. The Committee proposes amending Rule 57 to modify the definition of the record on appeal for child welfare cases, and to make the rule consistent with Rule 11.
Posted: January 25, 2024
Code of Judicial Administration – Comment Period Closed March 10, 2024
CJA03-0201. Court commissioners (AMEND). Eliminates standing commissioner nominating committees. New nominating committees would be formed each time a commissioner vacancy occurs.
CJA01-0201. Judicial Council Membership – Election (AMEND). Adds a judicial member of the Business and Chancery Court to the Judicial Council.